Application for a Standard Aquaculture Lease

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APPLICATION FOR A STANDARD AQUACULTURE LEASE

SUSPENDED AQUACULTURE

NO DISCHARGE

3/97

This is an application for a standard aquaculture lease, using suspended culture where there is no discharge into marine waters. A standard aquaculture lease may be up to 100 acres in size and may be issued for a term of no longer than twenty (20) years. Suspended culture is the use of any gear, whether floating or submerged. This application is not for net pen culture, for which there is a separate application. You are encouraged to review the aquaculture lease regulations to obtain a more complete understanding of the lease process. Applications, rules and statutes are all available at the DMR website –

YOU ARE REQUIRED TO ATTEND A PRE-APPLICATION MEETING WITH THE DEPARTMENT AND A MUNICIPAL REPRESENTATIVE PRIOR TO CONDUCTING FIELD WORK AND COMPLETING THE APPLICATION. CALL THE AQUACULTURE ADMINISTRATOR AT 207-624-5500 OR THE AQUACULTURE ENVIRONMENTAL COORDINATOR, JON LEWIS, AT 207-633-9500 TO SET UP A MEETING. FOLLOWING THE MEETING AND PRIOR TO SUBMITTING YOUR APPLICATION YOU WILL BE REQUIRED TO HOLD AN INFORMAL PUBLIC SCOPING SESSION. AN APPLICATION WILL NOT BE CONSIDERED COMPLETE UNTIL A PRE-APPLICATION MEETING AND A SCOPING SESSION ARE HELD.

This is a joint application to be used by both the Maine Department of Marine Resources (“MDMR”) and the U.S. Army Corps of Engineers (USACOE) in an effort to facilitate the processing of applications for suspended aquaculture permits. Written authorization from both agencies is required before aquaculture activities are conducted. Information regarding the USACOE is available at

The Maine Department of Marine Resources requires a non-refundable fee for aquaculture applications

Effective January 1, 2007:$1,500

Mailing Instructions:

Provide one copy of your application to the MDMR address listed below. The applicant shall be notified upon receipt when the application has been reviewed and accepted as complete by the MDMR.

DEPARTMENT OF MARINE RESOURCES

ATTN: Aquaculture Administrator

21 State House Station

Augusta, Maine 04333-0021

Provide one copy of your application to the USACOE address listed below.

U.S. ARMY CORPS OF ENGINEERS

MAINE PROJECT OFFICE

442 Civic Center Drive, Suite 350

Augusta, ME 04330

Rev. 2/28/181

A.THE LEASE APPLICATION PROCESS: WHAT TO EXPECT

The following information outlines the process leading to the approval of an aquaculture lease. For more specific information, see the DMR regulations, Chapter 2 and 12 M.R.S.A. § 6072.

Rev. 2/28.181

1. Pre-application Meeting. Prior to completing your application, please contact the Department to set up a pre-application meeting. Applications submitted without a pre-application meeting will not be considered complete.

1. Pre-application Scoping Session. Prior to submitting your application, you are required to hold a public scoping session. This will be an informal public meeting intended to familiarize the public with the proposal, allow you to receive information from the public prior to submitting your application, and provide the Department with information prior to the site review.

1. Submit Application. Applicant submits application to Department of Marine Resources. DMR will make a determination as to whether or the not your application is complete. If incomplete, you will receive a letter asking for further information. If complete, DMR will forward your application to other regulatory agencies, the municipality and riparian landowners.

1. DMR Site Review. You will be contacted to schedule a site review of your proposed lease area. This review will be an on-site inspection of the proposed lease area. A number of environmental measurements and a SCUBA dive will be made on the site. Your presence at the site review will be requested. DMR staff will develop a report of the site review.

1. Public Hearing. An adjudicatory aquaculture lease hearing is a requirement for all applicants under the MDMR Aquaculture Lease Regulations. MDMR 12 M.R.S.A. §6072(6).

1. Public Notice. The Department will issue public notice of the hearing. At least 30 days prior to the public hearing, the applicant shall place visible markers which delineate the area proposed to be leased.

1. Decision. The DMR Hearings Officer will prepare a report including proposed findings of fact, conclusions of law, and if requested by the Commissioner, a recommended decision to grant or deny the lease. The Hearing Officer’s proposed decision will be sent to all legal parties, who will have ten days to comment on the proposed decision. The Commissioner will make a final decision to grant or deny the lease within 120 days of the public hearing.

1. Requirements After a Lease is Granted. The lessee must:

1. Establish an escrow account or secure a performance bond in the amount required by DMR in the lease.
2. Record the lease in the Registry of Deeds of each county in which the lease area is located. (DMR will assist you with this requirement).
3. Publish a notice in a newspaper of general circulation in the area affected. (DMR will assist you with this requirement).
4. Mark the lease site with the appropriate buoys as required in DMR regulations, Chapter 2.80 and U.S. Coast Guard Private Aids to Navigation. You must contact the U.S Coast Guard Private Aids to Navigation Office for approval of marking devices. If you have internet access, go to and register on site to begin the application process. If you do not have internet access, you must call the District 1 office at 617-223-8358.
5. Submit to the Commissioner an annual report of lease activities.
6. Pay the annual rental fee of $100 per acre.

1. Revocation. The Commissioner may commence revocation procedures if he determines that substantial aquaculture has not been conducted within the preceding year or that the lease activities are substantially injurious to marine organisms. If any of the conditions or requirements of a lease are not being observed, the Commissioner may revoke the aquaculture lease. 12 M.R.S.A. § 6072(11).

1. Transfer. A lessee may apply for Department approval of the transfer of his aquaculture lease to another person for the remaining portion of the lease term. A lease transfer shall be an adjudicatory proceeding.

1. Renewal. A lessee must file with the Department an application to renew a lease no later than 90 days prior to the lapse of the prior lease. Renewal of a lease shall be an adjudicatory proceeding.

Rev. 2/28/181

B.REQUIREMENTS AND RESTRICTIONS

Aquaculture lease must comply with the following state and federal regulations:

1. Essential Habitats and Eagle Nests: Aquaculture leases generally must not be closer than 1/4 mile from eagle nests or Essential Habitats as regulated by Maine Department of Inland Fish & Wildlife (MDIF&W) under authority of the Maine State Endangered Species Act and in accordance with guidelines of other endangered and threatened species developed by MDIF&W. MDIF&W Essential Habitat Maps are available for review at the following offices: MDIF&W Regional Offices, county government, Registrar of Deeds offices, affected town offices, Regional Planning Commission offices and many state agencies. The maps are also available on the MIF&W website at MaineState Endangered Species Act 1975, 12 M.R.S.A. §7751 etseq.

1. Lease Required: Except as provided in paragraphs B and B-1 of 12 M.R.S.A. § 6072, it is unlawful for a person who does not have a lease issued by the commissioner under this section to construct or operate in the coastal waters of the State a facility for the culture of finfish in net, pens or other enclosures or for the suspended culture of any other marine organism. MDMR 12 M.R.S.A. §6072(1-A).

1. Water Quality Classification: The State’s Water Classification Program prohibits any discharge into Class SA waters. Review MED Water Classification Program for restricted areas as described in 38 M.R.S.A. Article 4-A.

1. Water Discharges: Review 38 M.R.S.A. § 413 for information regarding Maine Pollution Discharge Elimination System Permits.

1. Lease Conditions: The Commissioner may establish conditions that govern the use of the lease area and impose limitations on aquaculture activities.

6. USACOE Standard Siting Requirements:

• Structures shall not be located closer than 1000 feet from municipal, State or federally owned beaches, parks or docking facilities.

• Structures shall not be located closer than 1500 feet from any area designated as high use or critical habitat for any threatened or endangered species protected under Federal law. Examples of such areas include bald eagle nest sites and concentration areas used for roosting and feeding. Because bald eagles are protected under the Federal Endangered Species Act of 1973, permits will not be issued to kill eagles that are preying on fish at aquaculture sites (U.S. Fish and Wildlife, National Marine Fisheries Service).

• Structures shall not be located in or within 1500 feet of any area named in acts of Congress or presidential proclamations such as national parks, national wilderness areas, national recreation areas, national lakeshores, national natural landmarks, national wildlife refuges, and such areas as may be established under federal law for similar and related purposes.

7. USACOE Standard Permit Conditions:

• Aquaculture operations shall not interfere with breeding, pupping, or sensitive aggregation area of any federally listed marine mammals (Marine Mammal Protection Act of 1972, as amended 16 USC § 1372). Specific species and known sensitive areas and times are available from the Protected Species Coordinator, National Marine Fisheries Service, Habitat and Protected Resources Division, One Blackburn Drive, Gloucester, MA01930-2298; Telephone 978-281-9254.

• The permittee must report any incidental take of marine mammals within 48 hours of the event. For information, contact: Protected Species Coordinator, Habitat and Protected Resources Division, National Marine Fisheries Service, Northeast Region, 1 Blackburn Drive, Gloucester, MA 01930-2298; telephone 978-281-9254.

• The applicant must report any bird entanglements or kills within 48 hours to the Special Agent, U.S. Fish and Wildlife Service, P.O. Box 7342, Portland, ME04112; Telephone 207-780-3235. The Migratory Bird Treaty Act (16 U.S.C. 703-712) protects migratory bird species from unauthorized and unregulated taking activities. The Act prohibits, by any means or in any manner, the direct or indirect capture, possession, or destruction of any migratory bird, its nest, its eggs, its young, or any parts thereof. Most bird species that would be found around aquaculture sites are protected by the MBTA, but specific questions can be directed to the Special Agent.

• The aquaculture facility must be open for inspection by the permitting agency(ies) personnel during working hours. In addition, the permittee shall make records available upon request by said agency(ies).

• If, based on a review of environmental monitoring data, degradation of environmental resources, to include Federal and State water quality standards, is indicated, this permit may be modified, suspended or revoked.

• Boundary markers around the lease area shall be placed and maintained in accordance with appropriate Coast Guard Regulations. The permittee shall contact the First Coast Guard District, Aids to Navigation Office at 617-223-8337.

• The permittee shall permit navigation, fishing and recreational boating in open areas of the lease.

• The permittee understands and agrees that, if future operations by the Unites States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

• This permit authorizes a specific number and size of structure in navigable waters. Site conditions, technological or operational improvements, or environmental factors may warrant modifications to the size, number, and distribution of structures. Minor modifications within the same polygonal shaped area (State lease) that do not adversely impact navigation do not require prior written authorization from the Corps. For minor modifications, the permittee shall provide the Corps with a copy of a plan depicting the revised layout within 30 days of the modification. For other than minor modifications, the permittee shall obtain written authorization prior to performing the work. No placement of additional structures or change in lease size or location is authorized without written approval from the Corps.

• The exact location of the State lease boundary shall be sent by the permittee to Inspection Section, CENAE-R, U.S. Army Corps of Engineers, 696 Virginia Road, Concord, MA01742-2751. The Corps will note the location on future survey drawings and will forward the submitted information to the National Oceanic and Atmospheric Administration (NOAA) so it can be located on future coast charts. The submittal shall be marked with the words Permit No. NAE-. Documents that are not marked and addressed in this manner may not reach their intended destination and do not comply with the requirements of this permit.

These STANDARD SITING REQUIREMENTS and STANDARD PERMIT CONDITIONS will be fully employed unless a decision to deviate from them is made by the Division Engineer after a meeting between the objecting Federal Resource Agency(s)Regional Director/Administrator and the Division Engineer and/or Commander, U.S. Coast Guard (or the designated acting Director/Administrator/Commander) is held pursuant to the local procedures under the 404Q MOA.

C: APPLICATION COVER SHEET FOR SUSPENDED CULTURE

Name:

Address:

City:

County:

State, zip

Telephone: business home cell

Email address:

Date of Pre-application meeting:

Date of Scoping Session:

towncountywaterbody

Location of lease site:

Additional description

(e.g. south of B Island)

Total acreage requested:

(100-acre maximum)

Lease Term requested:

(20-year maximum)

Name of species to be cultivated, common and scientific names:

Name, address and phone number of the source of seed stock, juveniles, smolts, etc., to be cultivated:

$1,500 application fee enclosed:

I hereby state that the information included in this application is true and correct and that I have read and understand the requirements of the Department’s rules governing aquaculture.

Signature: Date:

18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.

D.APPLICATION INFORMATION REQUIREMENTS

Answer all questions under each Section as completely as possible.

This application includes questions on general information, site location, site development, operation, environmental characterization, area resources, surrounding area use, technical capabilities, financial capabilities, and a list of certifications, licenses, etc.

Definitions from the MDMR Aquaculture Lease Regulations:

Aquaculture: The culture or husbandry of marine organisms by any person. Storage or any other form of impounding or holding wild marine organisms, without more, shall not qualify as aquaculture. In order to qualify as aquaculture, a project must involve affirmative action by the lessee to improve the growth rate or quality of the marine organism.

Culture or Husbandry: The production, development or improvement of a marine organism.

Riparian Owner: A shorefront property owner whose property boundaries are within 1000 feet of the proposed lease boundaries.

Existing or Potential Uses: All water-related activities and resources including, but not limited to, commercial and recreation fisheries, marine transportation, aquaculture, and boating.

Adverse Effects: Impediments to water-related activities or unreasonable interference with natural processes supporting those activities. This includes, but is not limited to, floating or submerged obstruction, habitat destruction, natural flora and fauna displacement, current flow alteration, and lowered water quality.

Please read all instructions before completing. Applications must be typed and reproducible. Please use 8 1/2" x 11" paper with a 3/4" margin at the top; use the numbering system listed for each item requested. All drawings, charts and plans must adequately show the proposed project. It is recommended that any plans, drafts, charts, etc., be certified by a professional engineer.

1. SITE LOCATION

a. Vicinity Map

Use a NOAA chart or USGS Topographic map to show the waters and shorelands within the general vicinity of the lease tracts depicting the lease area.

b. Plan View

An enlargement of a NOAA chart or USGS Topographic map is suggested to provide this information. Exact location of lease described as follows:

1.Mark entire lease boundary.

2.Show depth contours and indicate mean low water and mean high water on all land adjacent or nearest site.

3.Show primary ebb and flood directions.

4.Mark true north with arrow.

5.Include scale used.

6.Label the location of Federal projects, navigational channels, any structures, weirs, existing aquaculture leases within 2000 feet or state or federal beaches, parks, conserved lands or docking facilities within 1000 feet.

7.Provide the latitude, longitude and State Plane Coordinates for each corner of the entire lease or the metes and bounds of the lease with coordinates for one starting point.

c. Aerial photo

If available, please provide an aerial photograph of the proposed lease area. Mark the boundary of the lease area with dimensions and true north arrow. The photo must have been taken during the twelve-month period prior to the filing of the application, preferably between July 1 and September 1, and the date on which it was taken must be noted. Note: this requirement is for the USACOE permit only.

2. SITE DEVELOPMENT

This section is intended to provide accurate plans depicting the physical structures to be placed on the proposed operation.

a. Single Structure Schematic - Top View

Provide dimensions, materials, etc.

b. Single Structure Schematic - Cross Section

Provide dimensions, materials, etc.

c. Maximum Structure and Mooring System Schematic - Top View

Provide a schematic of the maximum structures to be used on site, as well as the mooring system to be use. Provide dimensions, materials, etc. Please note that all moorings must be contained within the lease site.